1961-HKRS30-8-52_Part01 — Page 58

Citation and cont- mencement.

Interpreta- tion.

Advisory Tribunals.

Declarations as ta impractica- bility of deportation.

Power of Governor to

certify cases as unsuitable

to be dealt with under

regulations.

EMERGENCY REGULATIONS ORDINANCE.

(Chapter 241).

Emergency (Deportation and Detention) REGULATIONS, 1962.

In exercise of the powers conferred by section 2 of the Emergency Regulations Ordinance, the Governor in Council has made the following regulations-

1. These regulations may be cited as the Emergency (Deportation and Detention) Regulations, 1962, and shall come into operation on a day to be appointed by the Governor by Proclamation in the Gazette.

2. In these regulations, unless the context otherwise requires- "detained person" means a person in relation to whom a detention orda|

is in force;

"detention order" means an order made by the Governor under para-

graph (1) of regulation 12;

"place of detention" means a place appointed under paragraph (1) of)

regulation 18 to be a place of detention.

3. (D) For the purposes of these regulations, there shall be a tribunal or tribunals and every tribunal shall be called a Deportation · and Detention Advisory Tribunal (hereinafter referred to as a Tribunal)

(2) Every Tribunal shall be composed of a President, who shall' be a judicial officer or a barrister or solicitor appointed by the Child Justice, and two members selected by the President from the pand appointed under paragraph (3).

(3) The Governor may appoint such persons as he thinks fit be members of a panel for the purposes of this regulation.

4. (1) Where the Governor in Council is satisfied that deportation is impracticable in the case of any class or description of persons and; is likely to continue to be impracticable for a period of six months he may declare that the deportation of those persons who fall withi that class or description of persons is impracticable.

(2) Any such declaration shall be valid for a period of six months from the date thereof or until it is cancelled, whichever is the earlier.

5. The Governor may certify the case of any person as being unsuitable to be dealt with under these regulations.

3

Police to

6. (1) Notwithstanding anything contained in the Deportation of Commis Aliens Ordinance, the case of a person who has been arrested on a sioner of warrant issued under subsection (1) of section 4 of that Ordinance, other refer certain than a person whose case is certified by the Governor, at the time of the cases to issue of the warrant, as being unsuitable to be dealt with under these

(Cap. 240). regulations, shall be referred by the Commissioner of Police to a Tri- bonal upon the completion of police enquiries.

Tribunal

(2) Where a deportation order that was issued before the com- mencement of these regulations is in force after their commencement and the Commissioner of Police is of opinion that it would be contrary to the public interest that the person against whom the deportation order is in force, not being a person in relation to whom a detention order suade under these regulations or the Emergency (Detention Orders) (G.N.A. Regulations, 1956 is in force, should be at large in the Colony if his 104/56). deportation is impracticable, be shall, unless the case is certified by the Governor as being unsuitable to be dealt with under these regulations, refer the case to a Tribunal upon the completion of police enquiries.

detention.

7. Where the person arrested and detained under a warrant issued Warrants for | under subsection (1) of section 4 of the Deportation of Aliens Ordinance further

is a person whose case falls to be dealt with under these regulations. (Cap. 240), the powers conferred upon the Governor by subsection (2) of section 5 of that Ordinance (which subsection relates to warrants for further detention) are hereby transferred to the President of a Tribunal and shall not, in relation to such person, be exercised by the Governor; and a warrant issued by the President of a Tribunal under the powers conferred by this regulation may be in the prescribed form with such variation as the case may require.

8. (1) The President of a Tribunal or the Commissioner of Police Bail. or any police officer authorized in writing by the Commissioner of Police to act on his behalf for the purposes of this regulation may, at any time, admit to bail any person in custody whose case falls to be dealt with under these regulations by virtue of paragraph (1) of regula- 1i60 6, upon his entering into a recognizance, with or without sureties, to appear and surrender himself at such time and place as may be named in the recognizance,

(2) Every recognizance taken before the President of a Tribunal or the Commissioner of Police or before an officer authorized by him to act on his behalf shall be subject to proceedings for the estreating Iberoof as if it had been taken before a magistrate.

(3) The recognizance of bail may be in Form 5 in the First Schedule to the Deportation of Aliens Ordinance with such variation (Cap. 240). as the case may require.